In re Estate of Bullard

Motion to dismiss the appeal. The administrator of the estate of the above-named decedent rendered to the superior court his account of the administration of said estate for settlement, and in connection therewith reported a claim against the estate in favor of the Hibernia Savings and Loan Society, which had been presented and allowed by him, for the sum of eighteen hundred and sixteen dollars and twenty-five cents, and afterward approved by the judge and filed in the court. On the hearing of the settlement of said *463 account one of the heirs of the decedent contested the allowance of this claim, and excepted to the account in this respect, but his exception was overruled, and the account was settled and allowed. In his appeal from this order the notice of appeal was served upon the administrator alone, and a motion is now made to dismiss the appeal upon the ground that the notice of appeal was not served upon the claimant; that the claimant is in reality the adverse party, without whose presence this ■court has no jurisdiction to review the order appealed from.

In Delaney’s Estate, 110 Cal. 563 , it was held, in reference to the appeal then before the court, that the executor…